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Income Tax - Highlights / Catch Notes

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Capital Gain - Transfer of property u/s 2(47) - Scope of Consent ...


Capital Gain Tax Interpretation: Transfer of Property and Consent Terms in Sale Agreement Dispute.

November 7, 2023

Case Laws     Income Tax     AT

Capital Gain - Transfer of property u/s 2(47) - Scope of Consent Terms (Agreement) - Nothing has been brought on record by the AO to show that the Purchaser was willing to perform his part of contract. The Consent Terms were agreed upon only after the Appellant filed suit for seeking specific performance of the Agreement for Sale. Therefore, we hold that the transaction under consideration did not attract provisions of Section 53A of the TPA. - AT

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